Mass Comm Law Ch. 1-3

Front 1

two major systems of law used by the nations of the world, currently, based upon their historican origins

Back 1

(1) code law [based on strong leadership]
(2) common law [largest]

Front 2

power

Back 2

ability to cuase others to modify their behavior and conform to what the power holder wants

Front 3

authority

Back 3

features of a leader or institution that compel obedience because of ascribed legitamacy of the power source

Front 4

three sources of power/sovereignty in the US system of government

Back 4

-states
-federal
-people

Front 5

three branches of the US national government

Back 5

-legislature
-executive
-judicial

Front 6

four sources of law under the US system of government

Back 6

(1) constitution(s)
(2) statute(s)
(3) treaties of the US
(4) case law

Front 7

four sources of additional "rules" which are sources of authority, but not law, under our legal system

Back 7

(1) administrative rules, regs, and decisions
(2) executive orders
(3) executive agreements (w/ foreign nations instead of treaties)
(4) local rules

Front 8

three components or sources of "case law"

Back 8

-statutory interpretation(s)
-common law
-judicial review

Front 9

two major historical/traditional priciples upon which the system of "common law" is based

Back 9

-precedent
-stare decisis

Front 10

two types of "legal authority" on which court practitioners base their arguements [consider the source and judicial hierarchy]

Back 10

-mandatory- decision comes from the highest court in your hierarchy spoken on the issue

-persuasive- there is no madatory authority, courts look at same levels of appeals

Front 11

jurisdiction

Back 11

the scope of power granted to a court or other governmental entity

Front 12

venue

Back 12

exact place where a case is filed/trial takes place

Front 13

general jurisdiction

Back 13

may hear any type of case regardless of its subject matter and have the broadest powers; criminal and civil

Front 14

limited jurisdiction

Back 14

may hear and decide only those cases within the authority granted to them by constitution or law

Front 15

concurrent jurisdiction

Back 15

refers to those subjects and laws where in both the national and state governments may exercise simutaneous power to enact ahd inforce laws

Front 16

three categories of cases into which most cases admitted to federal courts fall

Back 16

(1) involeved "federal question"- sources of law/ subject matter jurisdiction

(2) federal party jurisdiction- suit or case brought by or against the federal government or agents/officials

(3) diversity jurisdiction

Front 17

three things upon which diversity jurisdiction in the federal court system is based

Back 17

-the citizenship of the parties
-the amount in controversy

Front 18

reason for which congress established diversity jurisdiction in 1789

Back 18

it recognized that state courts would be biased against citizens from other states or countries, or would be biased in favor of their own citizens

Front 19

number of federal district courts in Texas, currently

Back 19

4 in Texas, 94 total

Front 20

three types of suits for which 3-judge federal district of courts are convened

Back 20

-tax court appeals
-appeals from orders of certain federal administrative agencies
-appeals fromt he federal district courts

Front 21

number of federal circuit courts of appeal in the US, currently

Back 21

-12 regional circuit court of appeals
-1 US court of appeals for the federal circuit

Front 22

two types of cases over which the Us Supreme Court has "original jurisdiction"

Back 22

-foreign
-state is a party

Front 23

two major purposes/functions of appellate court

Back 23

-to correct errors in the choice, interpretation, or application of the laws to individual litigants

-to make the laws clearer and more consistant

Front 24

three major purposes served by appellate court opinions

Back 24

-to justify the decision to the parties and any other audience

-to instruct the lower court on what it must do when reconsidering the case

-to announce the rules of law that determined this decision

Front 25

term used to describe situation where all members of an appellate sit to hear a case

Back 25

en banc (p.18)

Front 26

terms used at the end of each appellate court decision to indicate what the actual result of the appeal was in relation to the decision of the lower courts being reviewed

Back 26

-affirm
-reverse
-reversed & remanded
-reversed & vacate
-affirmed/reversed in part

Front 27

five major components of the concepts of "justiciability" [not counting "abstention doctrine]

Back 27

-case & controversy rule
-mootness
-ripeness
-standing
-political questions

Front 28

term used to describe the 3 general categories of court systems existing in the US based upon the number of tiers, duplication of layers, complexity of entry, & consistency of "judicial voice"

Back 28

-consolidated
-unified
-fragmented

Front 29

term used to describe the Oklahoma and Texas Supreme Court structure which splits the normally combined lower level of state appellate review into 2 courts of limited jurisdiction

Back 29

bifurcated

Front 30

six terms used to describe the type of opinion being rendered by the USSCt based on the amount of unity of disagreement within the court to which it refers, in addiction to the weight of authority it conveys upon lower courts

Back 30

(1) unanimous opinion
(2) majority opinion
(3) dissenting opinion
(4) per curiam opinion
(5) plurality opinion
(6) concurring opinion

Front 31

substantive law

Back 31

principles for accepted behavior

Front 32

procedural law

Back 32

set the legal rules for determining when and how the substantive laws will be applied

Front 33

four types of criminal cases, depending on the seriousness, the punishment prescribed by statue, and the age/status of the accused

Back 33

(1) felonies- most serious: both heavy fines and imprisonment; classified with a number or letter

(2) misdemeanor- less offensive: usually jail time and a fine

(3) petty offenses- minimal: fine, no jail time; ex. traffic violation
-corporations- fines can be extreme

(4) juvenile- anytime a person is charged with a crime where an adult would not be charged (curfew, MIP)

Front 34

prosecutor

Back 34

title of the person who files criminal charges

Front 35

the people

Back 35

title/name in which criminal case is brought

Front 36

state

Back 36

has burden of proof

Front 37

defendent

Back 37

who the criminal case is being brought against

Front 38

"beyond a reasonable doubt"

Back 38

standard of proof

Front 39

type of criminal case(s) under which corporations are usually charged and fined at the federal level and under many state jurisdictions

Back 39

petty offense

Front 40

three types of please in criminal cases

Back 40

-guilty
-not guilty
-nolo contendere

Front 41

two general forms of jury verdict(s) returned in criminal cases

Back 41

-guilty
-not guilty

Front 42

92%-96% of all criminal convictions result because the accused does what?

Back 42

pleads guilty to obtain a plea bargain

Front 43

four affirmative defenses in a criminal case

Back 43

(1) infancy
(2) involuntary intoxication
(3) insanity
(4) justifiable use of force [self-defense]

Front 44

term for situation when an accused can be charged by two or more jurisdictions for actions during the commission of a single offense

Back 44

concurrent jurisdiction

Front 45

name for legal document which an accused may file if they believe evidence against him/her has been obtained by the government in violation of the US Constitution

Back 45

motion to supress

Front 46

name/year of case and name of "rule"... 14th and 4th amend.

Back 46

-1914, Weeks v US- gambling;; police broke in and found incriminating evidence: "exclusionary rule"

-1961, Mapp v Ohio- finally in effect; motion to supress evidence

Front 47

according to the 6th amendment, person(s) whom the right to a speedy and public trial by an impratial jury belongs

Back 47

accused

Front 48

type of hearing to which an accused is entitled if the charge document is a Prosecutor's Info or Criminal Complaint

Back 48

preliminary hearing

Front 49

types of trials to which an accused is entitled [based on who is the "trier of fact"]

Back 49

-jury trial
-bench trial

Front 50

terms used for stages of a juvenile courts case

Back 50

-adjudicatory hearing
-dispositional

Front 51

major change in status requested in a petition or "charge document" in a juvenile case

Back 51

make child award of the courts

Front 52

directed verdict

Back 52

after plaintiff rests; means that if judge agrees, plaintiff loses

Front 53

judgement non obstante verdicto

Back 53

a request asking the judge to grant a judgement contrary to the jury's verdict; after jury returns their verdict

Front 54

name of pre-trial phase into which a criminal case passes following the arraignment or in a civil case following the filing of an "answer" to the civil complaint/petition

Back 54

discovery

Front 55

two components of the "rule on/against witness"

Back 55

-orders anyone who might be a witness to leave the courtroom so they may not hear the testimony of others

-involves an order fromt he judge admonishing witness not to discuss their testimony or the testimony of others until after the trial has ended

Front 56

civil liberties

Back 56

synonymous with individual freedoms or freedoms against which neither the national nor state government may enroach

Front 57

civil rights

Back 57

priveledges and immunities guaranteed to US citizens, which the national and state governments must protect from arbitrary infringement

Front 58

three standards of judicial review applied by the USSCt to determine the consitutionality of challenged statutes or government actions [and the alternative names]

Back 58

-reasonableness/ rational relationship test

-hightened scrutiny/ intermediate test; gender, truthful advertising, symbolic speech

-strict scrutiny/ compelling state interest test

Front 59

overbreadth

Back 59

laws that cover so many people that they can't possibly be enforced as written

Front 60

vagueness

Back 60

so imprecise or ambiguous that they cannot constantly be enforced

Front 61

name of standard of review under which classifications based upon gender or symbolic speech or those regulating truthful commercial advertising are generally decided

Back 61

hightened scrutiny

Front 62

name of standard of review under which non-public fora and time, place, manner restrictions on speech are generally decided

Back 62

reasonableness/ rational relationship

Front 63

name of standard of review under which "suspect" classifications and "preferred freedoms/ fundamental rights" cases are generally decided

Back 63

strict scrutiny standard/ compelling state interest

Front 64

category of speech which generally recieves the highest level of protection by the USSCt

Back 64

political speech